HomeMy WebLinkAbout21-175WHEREAS, all meetings ofthe Board ofSupervisors (the"Board")andNs legislative bodies are open and public,
as required by the Ralph M. Brown Act (Cal. Gov't Code section 54950 et seq.), so that any member of the pwb|kz may
attend, participate and view the legislative bodies conduct their business; and
WHEREAS, the Brown Act Government Code section makes provisions for remote 1e|eoonferemc�ing
participation in meetings by members of legislative body, without compliance with the requirements of Government
Code section 54953(b)(3},subject tothe existence mfcertain conditions and requirements; and
WHEREAS, Government Code section 549B(e)requirements include but are not limited to(1)the existence of
state of emergency declared by the Governor pursuant to Government Code section 8625 and (2) State or local officials
have imposed or recommended measures to promote social distancing; and:
WHEREAS, onMarch 4`202[LGovernor Gavin Newsom issued aProclamation mf State of Emergency inresponse
to the COVID-19 pandernic and as of the date of this Resolution, the proclaimed state of emergency remains in effect; and
WHEREAS omMarch 17,2020,Governor Newsom issued Executive 8rderN'38'20 which suspended and modified
the teleconferencing requirements undertheBrown Act (California Government Code Section S49S0etseq)toallow local
legislative bodies tohold public meetings via teleconference; and
WHEREAS, onJune 11 2021, the Governor issued Executive Order N-08-21, which extended the provision:s of N-
29-20 concerning the conduct ofpubUic meetings through September 30, 202I, and the Governor subsequently signed
legislation revising Brown Act requirements for teleconferenced public meetings (Assembly Bill 361, referred to
hereinafter as"AB 361"); and
WHEREAS, to p�reserve public health and safety, the State Public Health Officer has issued various orders and
guidance regarding [OV|D-19 prevention measures, which include references and a statement of support for social
distancing recommendations (see Guidance for Use ofFace Coverings (updated July 2YlI021)and C0VUD'19 Public Health
Recommendations for Fully Vaccinated People (dated August 34,J021)); and
WHEREAS, the California Department ofKmdustria| Relations hos issued COV|0-18 Prevention regulations in Title
8 of the California Code of Regulations (Section 3205 et seq.) which requires employers to (1) have e written COV|[+19
prevemt�ion program including employee training that promotes physical distancing as an infection prevention measure
and (2) consider implementing physical distancing where feasible as a response to COVID-19 outbreaks; and
WHEREAS, based on the foregoing,tbe Board finds that (1) the Governor's, Proclaimed State mfEmergency osa
result ofthe COV|D'19pandemiciocurrently ineffect and has not been terminated and (2) State officials have imposed
orrecommended measures 1mpromote social distancing; and
WHEREAS, on October 12, 2021 the Board of Supervisors previously adopted resolution No. 21-153 finding that
the requisite conditions existed for the Board of Supervisors and its legislative bodies to conduct remote teleconference
meetings without compliance with Government Code section 54953(b)(3), as authorized by Section 54953(e); and
WHEREAS, on November 9, 2021 the Board of Supervisors adopted a new resolution 21-169 re -authorizing the
finding that the requisite conditions existed for the Board of Supervisors and its legislative bodies to conduct remote
teleconference meetings without compliance with Government Code section 54953(b)(3), as authorized by Section
54953(e); and
WHEREAS, as a condition of extending the use of the teleconferencing provisions for another 30 days beyond the
Resolution No. 21-153 adopted on October 12, 2021, pursuant to Government Code section 54953(e), the Board of
Supervisors must reconsider the circumstances of the state of emergency that exists and find that either the state of
emergency continues to directly impact the ability of the members to meet safely in person or state or local officials
continue to impose or recommend measures to promote social distancing; and
WHEREAS, the Board of Supervisors has reconsidered the circumstances of the continuing state of emergency and
finds that state or local officials continue to impose or recommend measures to promote social distancing, based on (1)
the State Public Health Officer's issuance of various orders and guidance regarding COVID-19 prevention measures, which
include references and a statement of support for social distancing recommendations (see Guidance for Use of Face
Coverings (updated July 28, 2021) and COVID-19 Public Health Recommendations for Fully Vaccinated People (dated
August 24, 2021)) and (2) California Department of Industrial Relations regulations related to COVID-19 Prevention,
specifically Title 8 of the California Code of Regulations, Section 3205 et seq., continuing to remain in effect; and
WHEREAS, in light of the foregoing, the Board desires to continue to have the flexibility to meet via tele/video
conference and the Board finds that it and its legislative bodies shall be permitted to conduct their meetings by
teleconferencing without compliance with Government Code section 54953(b)(3) pursuant to section 54953(e), and such
legislative bodies shall comply with the requirements to provide the public with access to the meetings as prescribed by
section 54953(e)(2).
NOW, THEREFORE, BE IT RESOLVED, FOUND AND ORDERED by the Butte County Board of Supervisors as follows:
1. The facts set forth in the above recitals are true and correct and incorporated into this resolution by
reference;
2. The Board of Supervisors has reconsidered the circumstances of the state of emergency that continues to
exist and was proclaimed by Governor Newsom through a State of Emergency Proclamation on March 4, 2020.
3. The Board of Supervisors finds that State officials continue to impose or recommend measures to promote
social distancing based on (1) the State Public Health Officer's guidance and recommendations supporting social distancing
as found in the Guidance for Use of Face Coverings (updated July 28, 2021) and COVID-19 Public Health Recommendations
for Fully Vaccinated People (dated August 24, 2021)) and the Department of Industrial Relations' issuance of COVID-19
Prevention regulations through Title 8 of the California Code of Regulations, section 3205 et seq. promoting social
distancing in the workplace.
4. Under the present circumstances, the Board and any of its legislative bodies are hereby authorized and
directed to take all actions necessary to carry out the intent and purpose of this Resolution including conducting open and
public meetings in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act.
5. This Resolution shall take effect immediately upon its adoption and shall be effective until the earlier of
(i) December 18, 2021 or (ii) such time the Board adopts a subsequent resolution in accordance with Government Code
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section 54953(e)(3) to extend the time during which its legislative bodies may continue to teleconference without
compliance with Section 54953(b)(3).
PASSED AND ADOPTED by the Butte County Board of Supervisors this, 181h day of November, 2021, by the
following vote:
AYES: Supervisors Lucero, Ritter, Kimmelshue, Teeter and Chair Connelly
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
Andy Pickett, Chief Administrative Officer
and Clerk of 7e, o rod of Supervisors
By:VaL4
Deputy /
W
Bill Connelly, Chair V
Butte County Board of Supervisors